My New Blog

Many of you have heard in recent news that a Oklahoma home owner recently lost their home due to a mechanics liens that was filed against the home owners becasue the company in which they hired to install granite counter tops in their home did not pay the supplier. The supplier then filed a lien agaisnt the proeprty owners took it to court and foreclosed on the homeowners who had already paid the company who installed the counter tops. How did this happen,it fair and how can you prevent it?

A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm of real property, it is called by various names, including, generically, construction lien. It is also called a materialman's lien or supplier's lien when referring to those supplying materials, a laborer's lien when referring to those supplying labor, and a design professional's lien when referring to architects or designers who contribute to a work of improvement. In the realm of personal property, it is also called an artisan's lien. The term "lien" comes from a French root, with a meaning similar to link; it is related to "liaison." Mechanic's liens on property in the United States date from the 18th century.

You can read more about this

http://www.mechanics-liens.com/oklahoma.html 

http://en.wikipedia.org/wiki/Mechanic's_lien

Of course this is not fair but legislation is looking into this particular case.

What can you do prevent this?

You need a Mechanics lien release signed by not only the laborers at your job site but from the vendor that they are purchasing from. This should be done when you have any work done on your home or property. Roofers, handyman,plumbers,ect. You can never be too careful now days.

Most often a Mechanics lien will just keep you from selling your property until you pay it off but in this case the plantiff actually forced a foreclosure on the property.